What’s The Panama Papers All About?

Ken AshfordCorporate Greed, Crime, Cybersecurity, WorldLeave a Comment

The leak amounts to 2.6 terabytes of information — perhaps the largest whistleblower leak in history.  Also, it might topple a country or too.

So it might be interesting to learn what the Panama Papers leak is all about.

It starts with a company called Mossack Fonesca.  That’s a Panamanian law firm that has long been well-known to the global financial and political elite.  The firm’s operations are diverse and international in scope, but they originate in a single specialty — helping foreigners set up Panamanian shell companies to hold financial assets while obscuring the identities of their real owners. Since its founding in 1977, it’s expanded its interests outside of Panama to include more than 40 offices worldwide, helping a global client base work with shell companies not just in Panama but also the Bahamas, the British Virgin Islands, and other notorious tax havens around the world.  The Panama Papers are leaks from that law firm.

What’s a shell company?  Well, sometimes a person or a well-known company or institution wants to buy things or own assets in a way that obscures who the real buyer is. For example, companies don’t like to tip their hand to what they are doing, and the use of shell companies to undertake not-ready-for-public-announcement projects can be a useful tool.  Shell companies are often used for simple privacy reasons. Real estate transactions, for example, are generally a matter of public record. So an athlete, actor, or other celebrity who wants to buy a house without his name and address ending up in the papers might want to pay a lawyer to set up a shell company to do the purchasing.

Here’s another way to put it, thanks to a Reddit user:

When you get a quarter you put it in the piggy bank. The piggy bank is on a shelf in your closet. Your mom knows this and she checks on it every once in a while, so she knows when you put more money in or spend it.

Now one day, you might decide “I don’t want mom to look at my money.” So you go over to Johnny’s house with an extra piggy bank that you’re going to keep in his room. You write your name on it and put it in his closet. Johnny’s mom is always very busy, so she never has time to check on his piggy bank. So you can keep yours there and it will stay a secret.

Now all the kids in the neighborhood think this is a good idea, and everyone goes to Johnny’s house with extra piggy banks. Now Johnny’s closet is full of piggy banks from everyone in the neighborhood.

One day, Johnny’s mom comes home and sees all the piggy banks. She gets very mad and calls everyone’s parents to let them know.

Now not everyone did this for a bad reason. Eric’s older brother always steals from his piggy bank, so he just wanted a better hiding spot. Timmy wanted to save up to buy his mom a birthday present without her knowing. Sammy just did it because he thought it was fun. But many kids did do it for a bad reason. Jacob was stealing people’s lunch money and didn’t want his parents to figure it out. Michael was stealing money from his mom’s purse. Fat Bobby’s parents put him on a diet, and didn’t want them to figure out when he was buying candy.

Now in real life, many very important people were just caught hiding their piggy banks at Johnny’s house in Panama. Today their moms all found out. Pretty soon, we’ll know more about which of these important people were doing it for bad reasons and which were doing it for good reasons. But almost everyone is in trouble regardless, because it’s against the rules to keep secrets no matter what.

The leaked documents provide details on some of these piggy banks — uh, shell companies. They reveal shocking acts of corruption in Russia, hint at scandalous goings-on in a range of developing nations, and may prompt a political crisis in Iceland.

Here are a few of the highlights, with links to the full stories where you can read the details:

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In a way, the fact that people use shell companies is not new, and it’s always been somewhat understood that there’s some underlying shenanigans behind these accounts.  Some of the shenanigans revealed by the Panama Papers involves nothing more than legal avarice.The name of Ian Cameron, the late father of British Prime Minister David Cameron, shows up in the Panama Papers, for example. Mossack Fonseca helped him set up his investment company Blairmore Holdings (named after his family’s ancestral country estate) in the British Virgin Islands, where, marketing material assured investors, the company “will not be subject to United Kingdom corporation tax or income tax on its profits.”

This particular kind of move is perfectly legal and doesn’t even involve any secrecy. It is entirely typical for investment companies whose employees all work or reside in New York, London, or Connecticut to be domiciled for tax purposes in someplace like the Cayman Islands.  Although when Bernie Sanders talks about this stuff, this is what he means.

On the other hand, there is shadier stuff.  One wealthy client, US millionaire and life coach Marianna Olszewski, was offered fake ownership records to hide money from the authorities. This is in direct breach of international regulations designed to stop money-laundering and tax evasion.

An email from a Mossack executive to Ms Olszewski in January 2009 explains how she could deceive the bank: “We may use a natural person who will act as the beneficial owner… and therefore his name will be disclosed to the bank. Since this is a very sensitive matter, fees are quite high.”  (It’s not clear with Ms. Olszewski has broken the law).

Meanwhile, as I write this, Iceland is going ballistic.  Protests throughout (below is a live YouTube stream) as the Prime Minister there refuses to resign:

Anyway, to be continued.